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Working for a change? The same as you?
LEVEL TWO: Promotion of non-discrimination and equality
As far as possible, the profile of people in employment in an area should be a mirror image of the range of adults living in that area. A proactive approach to equality and diversity goes beyond not discriminating when people apply for jobs. It also means actively seeking to recruit a diverse workforce and addressing barriers to people's ability to participate in the world of work. It means employers not simply employing the people who are simplest to employ.
It is unlawful for an employer to discriminate against a disabled employee or job applicant by treating him or her less favourably (without justification) than other employees or job applicants because of his or her disability, or by not making reasonable adjustments (without justification).
These employment provisions currently apply to employers with 15 or more employees. The Disability Rights Commission (DRC) recommends, and the Government has accepted, that the employment provisions in the Disability Discrimination Act be extended to cover employers of all sizes (Disability Rights Commission, 2002).
But anti-discrimination legislation relies on individuals to make a claim of unfair discrimination. People with a learning disability are least well placed to do this. They would benefit from a more positive duty on public and private sector employers to promote diversity.
Many different laws and policies have an impact on equal opportunity. As part of the Scottish Parliament's commitment to equal opportunities, each new Bill contains a policy memorandum assessing its impact on equal opportunities. The Equal Opportunities Committee also considers many Bills at Stage 1 of the Parliamentary process, when the principles of Bills are being decided.
It would be helpful if both processes considered the specific impact on people with learning disability.
Equal opportunities can also be encouraged through the way contracts are procured and grants are provided. The Local Government in Scotland Act (2003) places a duty on local authorities to encourage equal opportunities and clarifies that a Best Value approach allows local authorities to take other factors as well as cost into account when awarding contracts.
The public sector as a whole in Scotland accounts directly for around a quarter of all jobs as well as many more indirectly. It is in a position of significant influence in helping to overcome unemployment amongst people with learning disabilities. The Scottish Executive, the NHS in Scotland and all the executive agencies such as Scottish Enterprise and Communities Scotland have major grantmaking and procurement functions and could use these to encourage a positive approach to diversity in employment and specifically to the employment of people with a learning disability.
These agencies, along with local authorities, could lead by example and establish specific targets for recruitment, retention and promotion of employees with a learning disability.
So, the law is slowly becoming more useful in terms of promoting non-discrimination for people with learning disabilities, and the kinds of new activities suggested above will help people with learning disabilities to become more meaningfully included in Scotland's approach to equality and non-discrimination.
But there is a further step which is needed to signal a changed official commitment to people with learning disabilities. This is the step of measurement. There is a cliché which says that what isn't measured isn't done. Like all clichés it holds a grain of truth.
Whilst they remain an unmonitored group, people with learning disabilities will remain marginalised, their high unemployment will continue and public consciousness of and interaction with people with learning disabilities will remain low for the foreseeable future. If we begin to make an official measure of the activity rates of people with learning disabilities, there is simply more chance of the problem being resolved. It is also the only means by which Scotland will know if people with learning disabilities are catching up with other social groups in terms of employment and the only way that we can be confident that the employment aims of
The same as you? are being met. The Labour Force Survey, for example, could be adapted to try and capture this data.
Recommendation 4: Gathering statistics: raising the visibility of learning disability and enabling Scotland to measure progress
We recommend that the Scottish Executive examines, with the Disability Rights Commission and the Department for Work and Pensions, ways to develop monitoring and public reporting arrangements specifically for people with learning disabilities in areas such as employment
(e.g. recruitment and retention) and education (e.g. student destinations). This should include examination of the feasibility of annual diversity reporting by employers, in anticipation of changes in equality legislation and promotion arising from the European Union Amsterdam Treaty.
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